Iowa · statute · Iowa Code ch. 17A · 34 active provisions
1. This chapter may be cited as the “Iowa Administrative Procedure Act”. 2. This chapter is intended to provide a minimum procedural code for the operation of all state agencies when they take action affecting the rights and duties of the public. Nothing in this chapter is meant to discourage agencies from adopting pro…
As used in this chapter: 1. “Agency” means each board, commission, department, officer, or other administrative office or unit of the state. “Agency” does not mean the general assembly or any of its components, the judicial branch or any of its components, the office of consumer advocate, the governor, or a political s…
1. In addition to other requirements imposed by Constitution or statute, each agency shall: a. Make available for public inspection all rules, and make available for public inspection and index by subject, all other written statements of law or policy, or interpretations formulated, adopted, or used by the agency in th…
1. Prior to the adoption, amendment, or repeal of any rule an agency shall: a. Give notice of its intended action by submitting the notice to the administrative rules coordinator and the administrative code editor. The administrative rules coordinator shall assign an ARC number to each rulemaking document. The administ…
1. An agency shall issue a regulatory analysis of a proposed rule that complies with subsection 2, paragraphs “a” and “b”, prior to submitting a notice of intended action to the administrative rules coordinator and the administrative code editor pursuant to section 17A.4, subsection 1, paragraph “a”. 2. a. The regulato…
1. a. “Benefit” means the reasonably identifiable and quantifiable positive effect or outcome that is expected to result from implementation of a rule. b. “Cost” means reasonably identifiable, significant, direct or indirect, economic impact that is expected to result from implementation of and compliance with a rule.…
1. Each agency shall file each rule adopted by the agency with the office of the administrative rules coordinator and provide an exact copy to the administrative code editor. The administrative rules coordinator shall assign an ARC number to each rulemaking document. The administrative code editor shall keep a permanen…
1. For purposes of subsections 3 through 6, unless the context otherwise requires: a. “Adopt by reference” or “adoption by reference” means incorporating the text of a cited publication, or a part thereof, into a rule without including the text of the publication in the rule. b. “Publication” does not include the Iowa…
1. Subject to the direction of the administrative rules coordinator, each agency shall make available to the public a uniform, searchable, and user-friendly rules database, published on an internet site. 2. An agency’s rulemaking internet site shall also make available to the public all of the following: a. A brief sum…
1. The department of management shall establish and maintain a user-friendly state services fee database and internet site for use by the public. Each agency shall make available through the internet site the current fees, rates, and charges imposed by the agency on the public. 2. The state services fee internet site s…
When an agency establishes the amount of a license fee, application fee, or other fee, including any subsequent increase or decrease in the amount, the amount shall be specified in a notice of intended action and a rule adopted by the agency. This section does not apply when the amount of a fee is specifically establis…
1. An interested person may petition an agency requesting the adoption, amendment, or repeal of a rule. Each agency shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Within sixty days after submission of a petition, the agency shall deny the petition…
1. There is created the “Administrative Rules Review Committee.” The committee shall be bipartisan and shall be composed of the following members: a. Three senators appointed by the majority leader of the senate and two senators appointed by the minority leader of the senate. b. Three representatives appointed by the s…
1. a. Any person may petition an agency for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the agency. b. 1. An agency shall issue a declaratory order in response to a petition for that order unless the agency determines that issuan…
1. Any person may petition an agency for a waiver from the requirements of a rule, pursuant to the requirements of this section, if the agency has established by rule an application, evaluation, and issuance procedure permitting waivers. An agency shall not grant a petition for waiver of a rule unless the agency has ju…
1. Unless precluded by statute, informal settlements of controversies that may culminate in contested case proceedings according to the provisions of this chapter are encouraged. Agencies shall prescribe by rule specific procedures for attempting such informal settlements prior to the commencement of contested case pro…
Upon petition by a party in a matter that would be a contested case if there was a dispute over the existence of material facts, all of the provisions of this chapter applicable to contested cases, except those relating to presentation of evidence, shall be applicable even though there is no factual dispute in the part…
1. a. If the agency or an officer of the agency under whose authority the contested case is to take place is a named party to that proceeding or a real party in interest to that proceeding the presiding officer may be, in the discretion of the agency, either the agency, one or more members of a multimember agency, or o…
1. In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice in writing delivered either by personal service as in civil actions or by certified mail return receipt requested. However, an agency may provide by rule for the delivery of such notice by other means. Delivery of t…
1. Agencies have all subpoena powers conferred upon them by their enabling acts or other statutes. In addition, prior to the commencement of a contested case by the notice referred to in section 17A.12, subsection 1, an agency having power to decide contested cases may subpoena books, papers, records, and any other rea…
In contested cases: 1. Irrelevant, immaterial, or unduly repetitious evidence should be excluded. A finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, and may be based upon such evidence even if it would be inadmissible i…
1. When the agency presides at the reception of the evidence in a contested case, the decision of the agency is a final decision. 2. When the agency did not preside at the reception of the evidence in a contested case, the presiding officer shall make a proposed decision. Findings of fact shall be prepared by the offic…
1. A proposed or final decision or order in a contested case shall be in writing or stated in the record. A proposed or final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement…
1. a. Unless required for the disposition of ex parte matters specifically authorized by statute, a presiding officer in a contested case shall not communicate directly or indirectly with any person or party in connection with any issue of fact or law in that contested case, except upon notice and opportunity for all p…
1. When the grant, denial, or renewal of a license is required by Constitution or statute to be preceded by notice and opportunity for an evidentiary hearing, the provisions of this chapter concerning contested cases apply. 2. When a licensee has made timely and sufficient application for the renewal of a license or a…